Company has an obligation to keep workplace secure

Feb. 18, 2010 12:00 AM

My boyfriend and I had a big fight, and he followed me into work waving his gun around. By the time security came, we were all shouting. Our company has strict policies separating the "personal" from work time, and now my manager has given me a formal reprimand for disrupting work time and a notice of possible termination. Can my manager do this?

Joseph T. Clees

Ogletree Deakins

Employers generally have wide discretion to establish conditions of employment, which includes setting reasonable policies intended to separate personal and work time.

Although your relationship with your boyfriend is a personal matter, when that relationship begins to interfere with your job performance or that of your fellow employees, it can become a threat to your employer's interest in maintaining an efficient, productive and safe workplace.

In Arizona, employment relationships usually are "at-will," meaning you and your employer can terminate the employment relationship for any lawful reason. Employers are entitled to enforce their personal-time policies with discipline, including possible termination. Of course, your employer may not apply this policy in a discriminatory fashion, e.g., inconsistently among its employees.

Lori Higuera

Fennemore Craig

Yes. The policy is facially neutral, so assuming the employer disciplines all employees who disrupt the workplace in violation of this policy, there is no law prohibiting it from applying the policy in this instance.

Alternatively, rather than penalize a passive victim of domestic violence, the employer may elect to support and assist its employee in seeking an injunction against workplace harassment. Incidentally, if the employer knowingly fails to take reasonable corrective steps, such as alerting security personnel of this problem and instructing them to take appropriate steps, it may be liable if a similar incident occurs in the future.

Last, it's important to note that in Arizona, an individual likely will not be disqualified from receiving unemployment benefits if separation from employment was due to a documented offense of domestic violence.